Category Archives: Guangzhou

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Blockchain Gains IP Credence Among Chinese Legal Institutions

Blockchain Gains Credence Among Chinese Legal Institutions

Blockchain has found its way to an internet courtroom in Eastern China to get justice for writers, reports China.org.cn.

The painstaking effort exercised in getting justice for authors whose intellectual properties are misappropriated just got easier, as explained by a judge of an internet court in China,Wang Jiangqiao. He said:

“Writers used to resort to screenshots and downloaded content as evidence, which was hard to gain legal recognition as the process was not credible enough.”

But it seems with the perks of blockchain’s immutability and timestamp actions, the credibility of the facts stored on a blockchain is much more reliable. Wang added that:

“Blockchain guarantees that data cannot be tampered [with], due to its decentralized and open distributed ledger technology. Therefore, all digital footprints stored in the judicial blockchain system, [including] authorship, time of creation, content, and evidence of infringement, have legal effect.”

More so, plaintiffs have had to suffer the high cost of legal bills when seeking justice through the traditional method as Wang observed that “notarial procedures and hiring of professional lawyers push up the costs of seeking justice”.

The media outlet also reports that 107 prominent online writers have signed contracts to produce works in a “writers’ village” in the city’s Binjiang District of Hangzhou. Hangzhou is home to many, if not most, online writers in China.

Three internet courts have been situated in three districts: Hangzhou, Beijing, and Guangzhou. While internet-related cases are a norm because of the high internet activity in the country, Hangzhou appears to be in the front lead to adopt blockchain solution in solving copyright issues, first with writers.

The first time a case was solved through evidence brought forward on the basis of blockchain happened about five months back. A Chinese defendant successfully argued his innocence in the Chinese court at Hangzhou using blockchain timestamp data, clearing his name from charges of copyright theft.

It appears that writers are not the only ones who need the services of the internet court, as China is home to over 800 million internet explorers with online businesses at the heart of the activity. Other related case types being handled by the court include contract dispute arising from online shopping, product liability dispute arising from online shopping, disputes over internet service contract, disputes arising from the financial loan contract disputes and small loan contract disputes signed and executed on the Internet.

On the traditional side of things, other real-world courts are adopting the concept of blockchain as a reliable witness to intellectual property as seen in the case of the Russian Intellectual Property (IP) court successfully using a blockchain-based solution for storing copyright data.

Even though cryptocurrencies are banned in China, its Supreme Court seems to think blockchain evidence can be seen as legally binding material in court.

 

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China Warns Fintech Revolution Potentially At Risk Without Rules

China Warns Fintech Revolution Potentially At Risk Without Rules

The president of a major financial investment platform has suggested that the sheer numbers of fintech companies setting up in China represents a risk to the country’s development as a major hub because of lack of controls.

Vince Zhang, President of Phoenix Finance, was speaking on Day 3 of CNBC’s East Tech West on 29 November 2018 in Guangzhou. He suggested that many of the country’s fintech firms could be unsound due to lack of strict operating checks and balances, making them unsuitable in the long term for consumers. It is estimated that there are now tens of thousands of such companies operating in mainland China.

Zhang went on to say that this factor means that China’s fintech revolution is potentially at “a very big risk” due to this lack of competent management. He stated:

“A lot of companies are not [there] in terms of their business plan, in terms of their risk management process, in terms of their overall management… A lot of these corporate control mechanisms are not in place.”

Zang maintains that China’s so named “fintech revolution” has caused the numbers of fintech firms to swell over the past two years in a surge to attract unbanked consumers. He said that although other sectors may survive, he sees the financial sector in danger of coming under increased pressure: “For anything related to financial services, [it] is pretty dangerous.”

Phoenix Finance’s president suggests that better regulation is key to solving this potential problem and feels that the issue will get the attention from government regulators next year as the risks to China’s fintech developmental plans for the future become more evident. He argued that regulation will reduce the number of companies currently operating financial services:

“Without proper risk control mechanism personnel, without proper ways of communicating with regulation, it’s potentially becoming a very big risk going forward… I would predict in 2019 it’s becoming more regulated… There will be less and less players in this field.”

The Cyberspace Administration of China (CAC), the central government’s internet censor, is drafting a policy framework which, once formulated will be used for regulating blockchain projects in the country.

The new regulation, when established, will apply specifically to both individual and institutional providers of blockchain services, whether by laptop or mobile, referring to providers as “entities or nodes”.

 

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